Burlington council passes 'no-trespass' law for Church Street

Feb. 11, 2013

Written by

Free Press Staff Writer

Burlington has a new law that allows police to remove people cited with disorderly conduct from the Church Street Marketplace.

City Council voted unanimously in favor of the ordinance, which is designed to deter behavior that repeatedly threatens “public health, safety or welfare of citizens.”

The new law only permits a trespass citation in parallel with actions that are already illegal: disorderly conduct, unlawful mischief and the possession of regulated drugs and open containers of alcohol.

Existing penalties — and a near-negligible threat of criminal prosecution — have failed to deter public-nuisance offenses, Burlington Police Chief Michael Schirling said before the vote.

Under similar guidelines for Church Street Marketplace, scofflaws committing a first offense would also be issued a no-trespass order that would keep him or her out-of-bounds for the remainder of the day.

A second offense would result in banishment for up to 30 days; third and subsequent offenses for up to one year.

In describing its intent, the ordinance states that chronic nuisance and disorderly behaviors “can and often do transform the Church Street Marketplace District into an unwelcoming, unattractive and ultimately unsafe public space requiring increased expenditures for public safety and maintenance.”

An amendment to the specific enforcement sections of the ordinance, proposed by Councilor Rachel Siegel, P-Ward 3, eliminates references to “inappropriate” or “anti-social” behavior — terms she said are too subjective to be consistently or fairly applied.

As an example, she cited a popular street musician.

“For some people, playing a digeridoo on Church Street, wearing a mask, might be considered anti-social behavior,” Siegel said.

In response to questions from Councilors Vince Brennan, P-Ward 3; and Max Tracy, P-Ward 2, Schirling described the threat of trespass as a strategy that will dovetail with his department’s preventative and restorative justice programs.

The ordinance contains a provision that grants anyone issued with a trespass order the right to a prompt appeal. The Hearing Panel, designated by the Church Street Marketplace Commission, will consist of one representative each from the business community, the social services committee and “a representative from the general public.”

In contrast to when a similar ordinance drew substantial public comment last year, Monday’s crowd response was thin.

Only Marc Sherman, owner of Outdoor Gear Exchange on Church Street, stood up to announce his support — and no one voiced opposition.